McClane v. Casas et al

Filing 27

ORDER ADOPTING 26 FINDINGS AND RECOMMENDATIONS to Deny 20 Motion to Dismiss signed by Chief Judge Lawrence J. O'Neill on 08/29/2018. (Flores, E)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 MATTHEW MCCLANE, Plaintiff, v. 13 14 15 Case No. 1:17-cv-00928-LJO-JDP G. CASAS, et al., Defendants. ORDER ADOPTING FINDINGS AND RECOMMENDATIONS TO DENY MOTION TO DISMISS (ECF No. 26.) 16 17 18 Matthew McClane (“plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 19 with this civil rights action under 42 U.S.C. § 1983. The matter was referred to a United States 20 magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 21 On August 9, 2018, Magistrate Judge Jeremy D. Peterson entered findings and 22 recommendations, recommending that Defendants’ motion to dismiss (ECF No. 20) be denied. 23 (ECF No. 26.) The parties were given an opportunity to object to the findings and 24 recommendations within fourteen days. No objections were filed. 25 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 304, this 26 Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the 27 Court finds the findings and recommendations to be supported by the record and proper analysis. 28 Accordingly, IT IS ORDERED that: 1 1 1. 2 3 The findings and recommendations issued by the magistrate judge on August 9, 2018, (ECF No. 26), are ADOPTED IN FULL; and 2. Defendant’s motion to dismiss (ECF No. 20) is denied. 4 5 6 IT IS SO ORDERED. Dated: /s/ Lawrence J. O’Neill _____ August 29, 2018 UNITED STATES CHIEF DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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